[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Rules and Regulations]
[Pages 78179-78180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30014]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0999; Airspace Docket No. 08-AAL-30]


Revision of Class E Airspace; Toksook Bay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Toksook Bay, AK to 
provide adequate controlled airspace to contain aircraft executing 
Standard Instrument Approach Procedures (SIAPs). One SIAP is being 
amended for the Toksook Bay Airport. Additionally, one textual Obstacle 
Departure Procedure (ODP) is being amended. This action revises 
existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. 
above the surface at Toksook Bay Airport, Toksook Bay, AK.

DATES: Effective Date: 0901 UTC, March 12, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation 
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; 
telephone number (907) 271-5898; fax: (907) 271-2850; e-mail: 
[email protected]. Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Friday, October 17, 2008, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to revise Class E 
airspace upward from 700 ft. above the surface and from 1,200 ft. above 
the surface at Toksook Bay, AK (73 FR 61750). The action was proposed 
in order to create Class E airspace sufficient in size to contain 
aircraft while executing instrument procedures for the Toksook Bay 
Airport. Class E controlled airspace extending upward from 700 ft. and 
1,200 ft. above the surface in the Toksook Bay Airport area is revised 
by this action.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No comments were received. The rule is adopted as proposed.
    The area will be depicted on aeronautical charts for pilot 
reference. The coordinates for this airspace docket are based on North 
American Datum 83. The Class E airspace areas designated as 700/1,200 
ft. transition areas are published in paragraph 6005 of FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008, and effective October 31, 2008, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designations listed in 
this document will be published subsequently in the Order.

[[Page 78180]]

The Rule

    This amendment to 14 CFR part 71 revises Class E airspace at the 
Toksook Bay Airport, Alaska. This Class E airspace is revised to 
accommodate aircraft executing amended instrument procedures, and will 
be depicted on aeronautical charts for pilot reference. The intended 
effect of this rule is to provide adequate controlled airspace for 
Instrument Flight Rules (IFR) operations at the Toksook Bay Airport, 
Toksook Bay, Alaska.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore--(1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Because this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this rule will not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle 1, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart 1, section 40103, Sovereignty and use of 
airspace. Under that section, the FAA is charged with prescribing 
regulations to ensure the safe and efficient use of the navigable 
airspace. This regulation is within the scope of that authority because 
it creates Class E airspace sufficient in size to contain aircraft 
executing instrument procedures for the Toksook Bay Airport and 
represents the FAA's continuing effort to safely and efficiently use 
the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9S, Airspace Designations and Reporting 
Points, signed October 3, 2008, and effective October 31, 2008, is 
amended as follows:

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or 
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Toksook Bay, AK [Revised]

Toksook Bay, Toksook Bay Airport, AK
    (Lat. 60[deg]32'29'' N., long. 165[deg]05'14'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Toksook Bay Airport, AK; and that 
airspace extending upward from 1,200 feet above the surface within a 
73-mile radius of the Toksook Bay Airport, AK.
* * * * *

    Issued in Anchorage, AK, on December 4, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E8-30014 Filed 12-19-08; 8:45 am]
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